We can often specify how we would contract by a certain sentence by saying that this contraction would coincide with some other contraction that we know how to perform. We can for instance clarify that our contraction by p&q would coincide with our contraction by p, or by q, or by {p, q}. In a framework where the set of potential outcomes is known, some contractions are “self-evident” in the sense that there is only one serious (...) candidate that can be the outcome of such a contraction. Contraction by a specific contractee (sentence or set of sentences to be contracted) is bootstrapped if it is specified by saying that it coincides with some such self-evident contraction. For a wide range of (multiple) contraction operators, contractions by any contractee can be bootstrapped. This means that the selection mechanism (selection function, incision function, etc.) can be replaced by a function called a bootstrapping selector that assigns to each contractee some “self-evident” contractee that yields the same outcome. With bootstrapping we can eliminate traditional extralogical components in contraction (e.g., selection functions) and replace them by bootstrapping selectors that reflect more closely the ways in which we actually reason and argue about belief contraction. (shrink)

The U.S. Court of Appeals for the Third Circuit held, in Brader v. Allegheny General Hospital, 167 E3d 832, that the Health Care Quality Improvement Act, 42 U.S.C. §§ 11101-11152, shields a Pennsylvania hospital from a surgeon's claims of contract violations.The plaintiff, Alan Brader, M.D., joined Allegheny General Hospital's provisional medical staff in July 1988. During the next two years, he performed several abdominal aortic aneurysm repairs and various other operations. Several of Brader's patients sustained serious injuries or died during (...) surgery from complications. In 1989, Brader's supervisors, Drs. Daniel Diamond and George Magovern, met to discuss their dissatisfaction with Brader's behavior, his departures from hospital protocol, as well as his disruptive presence in the hospital. From 1989 to 1990, Brader continued to perform surgical procedures on incoming patients, and he continued to violate hospital notification protocol and lost a patient during surgery. In spring 1990, the Quality Assurance Department compiled data on AAA procedures for the hospital's physicians. (shrink)

This thesis consists in six articles and a comprehensive summary. • The pourpose of the summary is to introduce the AGM theory of belief change and to exemplify the diversity and significance of the research that has been inspired by the AGM article in the last 25 years. The research areas associated with AGM was divided in three parts: criticisms, where we discussed some of the more common criticisms of AGM. Extensions where the most common extensions and variations of AGM (...) are presented and applications where we provided an overview of applications and connections with other areas of research. • Article I elaborates on the connection between partial meet contractions [AGM85] and kernel contractions [Han94a] in belief change theory. Also both functions are equivalent in belief sets, there are notequivalent in belief bases. A way to define incision functions from selection functions and vice versa is presented. It is explained under which conditions there are exact correspondences between selection and incision functions so that the same contraction operations can be obtained by using either of them. • Article II proposes an axiomatic characterization for ensconcement-based contraction functions, belief base functions proposed byWilliams and relates this function with other kinds of base contraction functions. • Article III adapts the Fermé and Hansson model of Shielded Contraction [FH01] as well as Hansson et all Credibility-Limited Revision [HFCF01] for belief bases, to join two of the many variations of the AGM model [AGM85], i.e. those in which knowledge is represented through belief bases instead of logic theories, and those in which the object of the epistemic change does not get the priority over the existing information as it is the case in the AGM model. • Article IV introduces revision by comparison a refined method for changing beliefs by specifying constraints on the relative plausibility of propositions. Like the earlier belief revision models, the method proposed is a qualitative one, in the sense that no numbers are needed in order to specify the posterior plausibility of the new information. The method uses reference beliefs in order to determine the degree of entrenchment of the newly accepted piece of information. Two kinds of semantics for this idea are proposed and a logical characterization of the new model is given. • Article V focuses on the extension of AGM that allows change for a belief base by a set of sentences instead of a single sentence. In [FH94], Fuhrmann and Hansson presented an axiomatic for Multiple Contraction and a construction based on the AGM Partial Meet Contraction. This essay proposes for their model another way to construct functions: Multiple Kernel Contraction, that is a modification of Kernel Contraction,proposed by Hansson [Han94a] to construct classical AGM contractions and belief base contractions. • Article VI relates AGM model with the DFT model proposed by Carlos Alchourrón [Alc93]. Alchourrón devoted his last years to the analysis of the notion of defeasible conditionalization. His definition of the defeasible conditional is given in terms of strict implication operator and a modal operator f which is interpreted as a revision function at the language level. This essay points out that this underlying revision function is more general than AGM revision. In addition, a complete characterization of that more general kind of revision that permits to unify models of revision given by other authors is given. (shrink)

In St. Francis Regional Medical Center v. Blue Cross & Blue Shield of Kansas ), the United States Court of Appeals for the Tenth Circuit upheld Blue Cross/Blue Shield of Kansas's anti-assignment requirement, on the grounds that the Employee Retirement Income Security Act preempted a hospital's claim against Blue Cross. The court also held that public policy supported anti-assignment requirements in health plans not covered under ERISA.When drafting ERISA, Congress did not explicitly address assignability of health care benefits. According to (...) the court of appeals, congressional silence constituted an intent to allow the parties to negotiate freely the assignment of health care benefits. Examining non-ERISA health plans, the court adopted a balancing test to determine the validity of anti-assignment clauses; it found that anti-assignment requirements promote freedom of contract and may include medical costs. (shrink)

On December 20, 2002, the Ohio Supreme Court issued an opinion in Dardinger v. Anthem Blue Cross & Blue Shield granting a landmark punitive damages award against the defendant-insurer for breach of contract and bad faith in its coverage of a cancer patient. The court directed that the punitive damages award of $30 million, should it be accepted by the plaintiff, be apportioned between the plaintiff and a cancer research fund to be established in the name of the plaintiff's deceased (...) wife, Esther Dardinger. In so doing, the court broke new ground in the scope and social purpose of punitive damages in health care litigation, as well as the courts’ role in distributing those damages.After being diagnosed with metastatic brain tumors in October 1996, Esther began intra-arterial chemotherapy treatments at the recommendation of her physician, Dr. Newton. IAC is a targeted form of chemotherapy in which an arterial catheter is threaded through a cranial artery near the tumor and into the brain. (shrink)

On December 20, 2002, the Ohio Supreme Court issued an opinion in Dardinger v. Anthem Blue Cross & Blue Shield granting a landmark punitive damages award against the defendant-insurer for breach of contract and bad faith in its coverage of a cancer patient. The court directed that the punitive damages award of $30 million, should it be accepted by the plaintiff, be apportioned between the plaintiff and a cancer research fund to be established in the name of the plaintiff's deceased (...) wife, Esther Dardinger. In so doing, the court broke new ground in the scope and social purpose of punitive damages in health care litigation, as well as the courts’ role in distributing those damages.After being diagnosed with metastatic brain tumors in October 1996, Esther began intra-arterial chemotherapy treatments at the recommendation of her physician, Dr. Newton. IAC is a targeted form of chemotherapy in which an arterial catheter is threaded through a cranial artery near the tumor and into the brain. (shrink)

Aristotle has qualms about the movement of the soul. He contends directly, indeed, that ‘it is impossible that motion should belong to the soul’ (DA 406a2). This is surprising in both large and small ways. Still, when we appreciate the explanatory framework set by his hylomorphic analysis of change, we can see why Aristotle should think of the soul's motion as involving a kind of category mistake-not the putative Rylean mistake, but rather the mistake of treating a change as itself (...) capable of changing. (shrink)

Using the example of recent attempts to engineer the concept of conspiracy theory, I argue that philosophers should be far more circumspect in their approach to conceptual engineering than we have been – in particular, that we should pay much closer attention to the history behind and context that surrounds our target concept in order to determine whether it is a site of what I have elsewhere called ‘conceptual domination’. If it is, we may well have good reason to avoid (...) engineering. In their recent ‘What is a Conspiracy Theory?’, M. Giulia Napolitano and Kevin Reuter argue that the disagreement between generalists and particularists in the literature on conspiracy theories is best characterized as a set of dueling conceptual engineering projects. While I agree with their turn to this metaphilosophical literature, I give a very different account of its applicability. Particularists, on my account, are better read as aiming to diagnose the ways in which many discussions of the concept of conspiracy theories are a form of conceptual domination, where this broader context should then prompt us to abandon or block any concept of conspiracy theory that treats its referents as inherently defective. Broader metaphilosophical lessons are drawn. (shrink)

Aristotle attaches particular significance to the homonymy of many central concepts in philosophy and science: that is, to the diversity of ways of being common to a single general concept. His preoccupation with homonymy influences his approach to almost every subject that he considers, and it clearly structures the philosophical methodology that he employs both when criticizing others and when advancing his own positive theories. Where there is homonymy there is multiplicity: Aristotle aims to find the order within this multiplicity, (...) and believes that doing so is crucial to scientific inquiry and philosophical progress.Christopher Shields investigates and evaluates Aristotle's approach to questions about homonymy, characterizing the metaphysical and semantic commitments necessary to establish the homonymy of a given concept. Then, in a series of case-studies, Shields examines in detail some of Aristotle's principal applications of homonymy--to the body, sameness and oneness, life, goodness, and being. Shields's aim is not only to give a fuller understanding of Aristotle's methodology and to illuminate his specific doctrines in a variety of areas, but to show that this methodology remains fruitful today. (shrink)

Liam Shields systematically clarifies and defends the political philosophy of Sufficientarianism, which insists that securing enough of some things, such as food, healthcare and education, is a crucial demand of justice. By engaging in practical debates about critical issues such as child-rearing and global justice, the author sheds light on the potential implications of suffientarianism on the social policies that affect our daily lives.

I argue that that an influential strategy for understanding conspiracy theories stands in need of radical revision. According to this approach, called ‘generalism’, conspiracy theories are epistemically defective by their very nature. Generalists are typically opposed by particularists, who argue that conspiracy theories should be judged case-by-case, rather than definitionally indicted. Here I take a novel approach to criticizing generalism. I introduce a distinction between ‘Dominant Institution Conspiracy Theories and Theorists’ and ‘Non-Dominant Institution Conspiracy Theories and Theorists’. Generalists uncritically center (...) the latter in their analysis, but I show why the former must be centered by generalists’ own lights: they are the clearest representatives of their views, and they are by far the most harmful. Once we make this change in paradigm cases, however, various typical generalist theses turn out to be false or in need of radical revision. Conspiracy theories are not primarily produced by extremist ideologies, as generalists typically claim, since mainstream, purportedly non-extremist political ideologies turn out to be just as, if not more responsible for such theories. Conspiracy theories are also, we find, not the province of amateurs: they are often created and pushed by individuals widely viewed as experts, who have the backing of our most prestigious intellectual institutions. While generalists may be able to take this novel distinction and shift in paradigm cases on board, this remains to be seen. Subsequent generalist accounts that do absorb this distinction and shift will look radically different from previous incarnations of the view. (shrink)

The new computer technology that dramatically improves color reproduction in newspapers also allows digital retouching of photographs. Digital retouching can alter and synthesize photos to the point that the alteration is undetectable. This technology gives publications the ability to create eye?catching illustrations, but does it have a place in photojournalism? This paper attempts to raise some initial ethical questions. Although manipulation of photographs is not new, digital retouching allows for imperceptible alterations of photographs to be made with speed, ease, and (...) precision. All the editors agreed that news photographs should not be altered. However, there was disagreement about photographs that appeared in the feature sections, in particular photo illustrations. (shrink)

When we carry out a speech act of stipulation, it seems that we can shape our language however we see fit. This autonomy, however, also seems to make such acts arbitrary: it is unclear if there are any constraints on what counts as a "correct" or "incorrect" stipulation. In this paper, I offer a novel, detailed account of the pragmatics of stipulation and explain its crucial role in conceptual analysis and articulation. My account shows that stipulation does indeed equip us (...) with a key tool for changing our linguistic practices, but that such acts can nonetheless count as meaningfully, normatively constrained: they are always subject to felicitous criticism and the possibility of defeat by others. I then examine the metaphilosophical implications of this account. Philosophers often describe the project of conceptual analysis as having a crucial stipulative dimension, but they rarely explain what they take this act to consist in. On my view, speech acts of stipulation are best understood as acts that generate a shared inferential entitlement for speaker and audience, an entitlement justified on the basis of its utility. In developing this account, I distinguish stipulations from more familiar speech act kinds such as assertions and commands, synthesize and criticize alternative views of stipulation in the literature, and discuss the relationship between stipulation and seemingly kindred speech acts (such as assumptions, suppositions, and proposals). (shrink)

Sufficientarianism is a position in debates about distributive justice. Sufficientarianism states that whether individuals have secured enough of some goods is a question that is central to determining whether a society is just. In this paper I provide an overview of this work, and highlight what I think are the most interesting recent contributions to it. Towards the end, I describe a way forward for sufficientarians and argue, in stark contrast to Frankfurt, that sufficientarian accounts of distributive justice should be (...) pluralist and are more plausible when they accommodate, rather than reject, other distributive values, such as equality. (shrink)

The prevailing view among contemporary analytic philosophers seems to be that, as philosophers, we primarily issue assertions. Following certain suggestions from the work of Rudolf Carnap and Sally Haslanger, I argue that the non-assertoric speech act of stipulation plays a key role in philosophical inquiry. I give a detailed account of the pragmatic structure of stipulations and argue that they are best analyzed as generating a shared inferential entitlement for speaker and audience, a license to censure those who give uptake (...) to the stipulation but do not abide by this entitlement, and as justified on the basis of the speaker and audience's shared ends. In presenting this account, I develop a novel taxonomy for making sense of criticisms of speech act performances generally and clarify the notions of successful speech act performance and uptake. To demonstrate the fruitfulness of this view of stipulation for recasting and advancing philosophical disputes, I apply my account to two case studies – the first concerns Iris Marion Young's analysis of the concept of oppression and the second involves Saul Kripke's and Hilary Putnam's accounts of the concept of reference. (shrink)

Aristotle attaches particular significance to the homomyny of many of the central concepts in philosophy and science: that is, to the diversity of ways of being that are denoted by a single concept. Shields here investigates and evaluates Aristotle's approach to questions about homonymy, characterizing the metaphysical and semantic commitments necessary to establish the homonymy of a given concept. Then, in a series of case studies, he examines in detail some of Aristotle's principal applications of homonymy--to the body, sameness and (...) and oneness, life, goodness, and being. This first full-length study of a central aspect of Aristotle's thought will interest philosophers working in a number of areas. (shrink)

Implicit in much of the recent literature on conceptual engineering and conceptual ethics is the assumption that when speakers argue that we should talk or think about a concept in a specific way, they are doing so as inquirers—as speakers who are invested in arriving at the correct or best view of this concept. In this paper I question that assumption and argue that philosophers have been too quick to project idealized versions of themselves into the contexts of conceptual articulation (...) and conceptual dispute. Speakers often engage in this activity to further interests of theirs that have nothing to do with inquiry, instead carrying out what I call ‘conceptual domination’. Speakers are engaged in conceptual domination when they aim to bring about and enforce widespread uptake for a view of a concept by exploiting institutions and institutional authority. They do so because this view best serves interests that are either irrelevant to or actively interfere with inquiry concerning this concept—paradigmatically their material interests. I consider sources of evidence for assessing whether speakers are engaging in conceptual domination, analyze two case studies, and consider how to push back against conceptual dominators. (shrink)

In this paper, I present two tools that help shed light on deep disagreements and their epistemological consequences. First, I argue that we are best off construing deep disagreements as disagreements over conflicting understandings of certain concepts. More specifically, I suggest that deep disagreements are disagreements over how to understand concepts that play what Michael Friedman calls a “constitutive” role for speakers. Second, I argue that we need a better understanding of what speakers are doing when they engage in deep (...) disagreements—what speech acts they are carrying out. I show that we are best off not reducing the relevant speech acts to more familiar speech act kinds, such as assertions or imperatives. I argue that when a speaker articulates an understanding of a concept, they are in part carrying out an act of stipulation. I provide an account of the pragmatics of stipulation and apply the account to examples of deep disagreement. Focusing on the stipulative dimension of deep disagreement opens up, in turn, a novel approach to defusing the epistemological challenges such disagreement seems to pose. (shrink)

One of the most striking innovations in Aristotle’s philosophical writing is also one of its most characteristic features. That feature is Aristotle’s idea that terms central to philosophy, including ‘cause’ [aition], ‘good’, and even the verb ‘to be’, are, as he likes to put it, “said in many ways.” To be sure, philosophers before Aristotle give some evidence of having recognized the phenomenon of being said in many ways. Plato, in particular, suggests that things in this world that we call (...) “just” are only namesakes of the Just Itself. But, beyond that, homonymy seems to have been, even for Plato, no more than a source of ambiguity for wordplay. Aristotle is apparently the first philosopher to propose a taxonomy of homonymy and to view the identification and analysis of homonymies as a genuinely philosophical project. (shrink)

Aesthesis, the classical term for sensing and perceiving, is at the heart of innumerable problems that plague global society. The purpose of this article is to open a conversation on aesthesis. We survey the roots and relevance of aesthesis as a direct albeit contested relation and engagement with the world and with Others. From its pre-Socratic origins, aesthesis has been both a pragmatic, somatic concept, prompting a re-evaluation of the distinction between experience and abstraction. We trace its ongoing repression from (...) Plato through ‘western’ theories of formal Aesthetics. Drawing on a relational interpretation of Protagoras’ aesthesis, we argue that modern pragmatists and radical empiricists, as well as more contemporary critics of the ‘colonization’ of aesthesis (Mignolo and Vasquez) by formal Aesthetics recognize and develop the relational and ethical aspects of aesthesis. We consider the role of the body, affect, and of the intangible or virtual qualities of aesthesis. The ethics of obligations (Weil) in the polis (Arendt) shows how aesthesis informs politics despite its repression in favour of moral and legal norms. We argue this is relevant to contemporary crises such as xenophobia and ecocidal climate warming. (shrink)

Principles of sufficiency are widely discussed in debates about distributive ethics. However, critics have argued that sufficiency principles are vulnerable to important objections. This paper seeks to clarify the main claims of sufficiency principles and to examine whether they have something distinctive and plausible to offer. The paper argues that sufficiency principles must claim that we have weighty reasons to secure enough and that once enough is secured the nature of our reasons to secure further benefits shifts. Having characterized sufficientarianism (...) in this way, the paper shows that the main objections to the view can be avoided; that we can examine the plausibility of sufficiency principles by appealing to certain reasons that support a shift; and that we should be optimistic about the prospects for sufficientarianism because many of our strongest reasons seem to be of this sort. This shift, I claim, is the overlooked grain of truth in sufficientarianism. (shrink)

I argue that Stephen Wykstra’s much discussed Parent Analogy is helpful in responding to the evidential problem of evil when it is expanded upon from a positive skeptical theist framework. This framework, defended by John Depoe, says that although we often remain in the dark about the first-order reasons that God allows particular instances of suffering, we can have positive second-order reasons that God would create a world with seemingly gratuitous evils. I respond to recent challenges to the Parent Analogy (...) by arguing that God, like a good parent, wants a rightly ordered relationship of mutual love with created beings. (shrink)